VIII.          RESPONSIBILITIES OF THE UTAH STATE BOARD OF EDUCATION

In addition to the requirements listed below, WSD provides data as required for State and Federal reports and other State functions as listed in Rules VIII.

VIII.A.      GENERAL SUPERVISORY AUTHORITY

1. LEA Special Education Program Funding (Rules VIII.A.3.)
   
   
   1. WSD shall provide, either singly or in cooperation with other school districts or public institutions, a free appropriate public education program for all students with disabilities who are enrolled in WSD. The program shall include necessary special facilities, instruction, and education-related services. The costs of WSD’s program, or share of a joint program, shall be paid from LEA funds.
      
      
   2. WSD shall receive funds under UCA Title 53F, Chapter 2, State Funding--Minimum School Program, and other applicable laws to provide special education services in accordance with the Rules.
      
      
   3. WSD may, singly or in cooperation with other public entities, provide education and training for persons with disabilities who are younger than 3 or older than 22. The cost of such a program may be paid from fees, contributions, and other funds received by LEA for support of the program but may not be paid from public education funds.
      
      
2. The requirements of Part B of the IDEA and the Rules are binding on each LEA and other public agency that has direct or delegated authority to provide special education and related services in the State of Utah.

VIII.B.      STATE ELIGIBILITY (34 CFR § 300.110; USBE VIII.B.3.)

1. Program Options.
   
   
   1. WSD takes steps to ensure that its students with disabilities have available to them the variety of educational programs and services available to nondisabled students in the area served by the agency, including art, music, industrial arts, consumer and homemaking education, and vocational education.

VIII.C.      USBE PROGRAM MONITORING (USBE VIII.D.2-3.)

1. WSD is involved in the Utah’s Program Improvement Planning System (UPIPS) monitoring system, as required under Part B of the IDEA, R277-709, and R277-114-3. WSD shall complete the required activities according to the timeline provided by the USBE staff.
   
   
2. Results of the monitoring process are publicly available, upon request.

VIII.D.      PERSONNEL QUALIFICATIONS (34 CFR § 300.156; Rules VIII.K.3-5.)

1. Qualifications for special education teachers (R277-504).
   
   The USBE and IDEA established qualifications for each person employed as a public-school special education teacher in the State who teaches in an elementary school, middle school, or secondary school.

2. Related services personnel and paraeducators (R277-506 and R277-524).
   
   The qualifications include qualifications for related services personnel and paraeducators that:

1. 1. Are consistent with any State-approved or State-recognized certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which those personnel are providing special education or related services; and
   2. Ensure that related services personnel who deliver services in their discipline or profession:
      1. Meet the requirements; and
      2. Have not had certification or licensure requirements waived on an emergency, temporary, or provisional basis; and
   3. Allow paraeducators and assistants who are appropriately trained and supervised, in accordance with State law, regulation, or written policy, in meeting the requirements of this part, to be used to assist in the provision of special education and related services under Part B of the IDEA to students with disabilities.
   4. Interpreters for the Deaf.
      
      Under UCA 35A-13-604, an individual is required to be certified as an interpreter if that individual provides interpreter services for deaf and hard of hearing students.

3. Notwithstanding any other individual right of action that a parent, adult student, or student may maintain under this part, nothing in this part shall be construed to create a right of action on behalf of an individual student or a class of students for the failure of a particular SEA, LEA, or other public agency employee to be highly qualified, or to prevent a parent or adult student from filing a State complaint about staff qualifications with the State Director of Special Education.

VIII.E.       REPORTING ON SUSPENSION AND EXPULSION RATES (34 CFR § 300.170; Rules VIII.M.)

1. Through daily uploads, WSD shall report to the USBE staff, through the UTREx reporting system, on the rates of long-term suspensions and expulsions of students with disabilities and nondisabled students, including data disaggregated by race and ethnicity. The USBE staff shall examine these data to determine if significant discrepancies are occurring:
   
   
   1. Between nondisabled students and students with disabilities within WSD.
      
      
2. If discrepancies are occurring, the USBE staff shall review and, if appropriate, require revisions in both USBE and LEA policies, procedures, and practices to ensure compliance with Part B of the IDEA.
   
   
3. Policies, procedures, and practices to be reviewed and, if appropriate, revised, include:
   
   
   1. The development and implementation of IEPs;
      
      
   2. The use of positive behavior interventions and supports; and
      
      
   3. Procedural safeguards.

VIII.F.       PROHIBITION ON MANDATORY MEDICATION (34 CFR § 300.174; Rules VIII.X.)

1. The USBE prohibits State and WSD personnel from requiring parents or adult students to obtain a prescription for substances identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act for a student as a condition of attending school, receiving an evaluation, or receiving services under Part B of the IDEA (21 USC § 812(c)).
   
   
2. Nothing in Rules VIII.X.1. shall be construed to create a Federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parent(s) or adult student regarding a student's academic and functional performance, or behavior in the classroom or school, or regarding the need for evaluation for special education or related services related to child find.